RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02538
INDEX CODE: 145.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His civilian medical record be incorporated into his military medical
records, he be reimbursed for all private insurance medical payments
and costs associated with the motor vehicle accident (MVA) he
experienced on 19 January 2005.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was enroute to his duty station when he was involved in a MVA that
resulted in a line of duty (LOD) determination he received over six
months after his MVA. Even though he was on orders when the MVA
occurred and he informed his supervisor of the accident and his
injuries, no Military Treatment Facility (MTF) services were provided,
no investigation of the accident was initiated and no LOD process was
initiated. While on duty the 21st through the 24th of January 2005,
his condition worsened. He saw his Personal Care Physician (PCP) on
25 January 2005 and was put on medications, work restrictions, and
physical therapy (PT). He was ordered to see his unit medical
personnel (113th MDG) during the February 2005 Unit Training Assembly
(UTA). He did so, but he was not examined by the doctor but was
placed on 4T Profile (Temporary) and an LOD was initiated. He was
still not offered MTF assistance and continued to see his PCP. He
kept the 113th MDG updated monthly on his physical status and received
the LOD on 23 July 2005. He was then instructed to report to the MTF
at Andrews AFB for continued medical care and was to stop civilian
care. He reported to the MTF but was refused treatment. He informed
the 113th MDG but no progress or corrective action was taken for him
to receive MTF treatment. During the previous months he had been
diagnosed with spinal problems, Chronic Fatigue Syndrome (CFS),
Fibromyalgia (FMS), and Post Traumatic Stress Disorder (PTSD) among
other medical problems including pending spinal surgery. He began to
worry about the medical cost he was accumulating as a result of seeing
civilian specialists and the fact his military medical record was not
being documented with the civilian care he was receiving. He
continued to work with the 113th MDG and the military medical system
called Tricare. As he was not finding relief through the military
medical system, he continued with his civilian treatment and underwent
a C-Spine Discectomy with Fusion on 28 November 2005. The lack of
care by an MTF, if only to refer him to the civilian providers he has
been seeing, has resulted in a lack of care for a military member as
well as waste, fraud and abuse medical payments made by private
insurance companies and the responsibility of residual medical
expenses of the injured member. His concerns have been repeatedly
voiced to the District of Columbia Air National Guard (DCANG) Head
Quarters, 113th Fighter Group leadership and personnel, and other
offices that have ultimately led to no corrective action being taken
in his case to date. His entire military career and everything
associated with such has been threatened by the inaction of the
military to adequately address his medical situation. He questions
how his personal medical costs are going to be addressed by the
military since no MTF treatment was provided. A Medical Evaluation
Board (MEB) was initiated in February, 2006. As a result of being on
a 4T Profile status for over a year, with no MTF treatment or care, he
is concerned the MEB will conspire to eliminate him from duty. Not
having the opportunity to complete medical treatment or care, an MEB
should consider all of his medical diagnoses, conditions and
treatments. Current 113th MDG evaluations of civilian medical records
are not addressing up-to-date medical diagnosis, conditions, symptoms
or treatment information. He believes all medical records should be
addressed by the MEB. On 16 March 2006, he filed a complaint with the
Air Force Inspector General (IG) alleging the complaints included
above.
In support of his appeal, the applicant has provided a personal
statement and copies of pertinent email trails and civilian medical
records as well as insurance documents.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed in the Regular Air Force in the grade of
second lieutenant (2Lt) on 18 May 1985. He was progressively promoted
to the grade of captain with a date of rank (DOR) of 29 May 1989. He
left the Air Force and spent approximately the next three years in the
Obligated Reserve Section (ORS) and the Nonobligated Nonparticipating
Reserve Section (NNRPS) and the Inactive Status List Reserve Section
(ISLRS) until 23 March 1998 when he was appointed in the Air National
Guard (ANG). He was promoted to the Reserve grade of major with a DOR
of 1 September 2000. He is currently serving in the DCANG and has
over 16 satisfactory years toward a Reserve retirement at age 60.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1P0F recommends denial. A1P0F has attached a memorandum from the
DCANG that has been approved by the ANG Subject Matter Expert (SME).
A1P0F contends firstly that there is no requirement that personal
medical records be documented with civilian diagnosis, symptoms,
conditions, and treatments. Further, the AFBCMR does not have the
authority to authorize payments to private insurance companies, nor to
personally accrued medical costs by an individual.
A1P0F’s complete evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
12 January 2007 for review and comment within 30 days. As of this
date, no response has been received by this office.
Applicant’s complete response is at Exhibit C.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has not exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of applicant's
complete submission in judging the merits of the case; however, we
noted the applicant is currently undergoing a Medical Evaluation Board
(MEB), has filed an IG Complaint and a Congressional Inquiry all of
which are outstanding and have yet to be decided finally. Therefore,
in accordance with Air Force Instruction 36-2603, Air Force Board for
Correction of Military Records, the applicant has not exhausted all
available administrative remedies with which to find relief. Should
all other remedies to find relief fail, we encourage him to reapply to
the AFBCMR. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2005-02538 in Executive Session on 16 August 2007, under the
provisions of AFI 36-2603:
Ms. B.J. White-Olson, Panel Chair
Mr. Vance E. Lineberger, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Mar 06, w/atchs.
Exhibit B. Letter, NGB/A1P0F, dated 26 Dec 06, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 12 Jan 07.
B. J. WHITE-OLSON
Panel Chair
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